Amendment ASA1-AB139

AB139-ASA1, s. 8 Section 8. 146.82 (2) (a) 23. of the statutes is created to read:

AB139-ASA1,5,3 146.82 (2) (a) 23. By the inmate and resident mortality board under s. 979.028 (4), (5), or (6). The board is not required to receive a request in order to release patient health care records under this subdivision.

AB139-ASA1, s. 9 Section 9. 979.025 (1) of the statutes is amended to read:

AB139-ASA1,5,16 979.025 (1) Inmate or resident confined to an institution in this state. If an individual dies while he or she is in the legal custody of the department and dies while confined to a state correctional facility located in this state institution, as defined in s. 301.01 (4), but excluding any institution that meets the criteria under s. 302.01 solely because of its status under s. 301.046 or 301.048 (4) (b), or while confined to a county jail or house of correction pursuant to a contract under s. 302.27, the coroner or medical examiner of the county where the death occurred shall perform an autopsy on the deceased individual. If the coroner or medical examiner who performs the autopsy determines that the individual's death may have been the result of any of the situations that would permit the district attorney to order an inquest under s. 979.04 (1), the coroner or medical examiner shall follow the procedures under s. 979.04 (2).

AB139-ASA1, s. 10 Section 10. 979.028 of the statutes is created to read:

AB139-ASA1,5,18 979.028 Review of an inmate's or resident's death. (1) In this section:

AB139-ASA1,5,19 (a) "Patient health care records" has the meaning given in s. 146.81 (4).

AB139-ASA1,5,20 (b) "Treatment records" has the meaning given in s. 51.30 (1) (b).

AB139-ASA1,5,25 (2) The inmate and resident mortality board shall review the circumstances of the death of every individual who is subject to an autopsy under s. 979.025. A member of the board shall disqualify himself or herself from any discussion regarding a specific death if he or she determines that he or she cannot act in an impartial manner regarding that death.

AB139-ASA1,6,12 (3) (a) Within 3 business days, as defined in s. 421.301 (6), after the death of a person whose death requires the performance of an autopsy under s. 979.025, the secretary of corrections or the secretary's designee shall send a written notice to every member of the inmate and resident mortality board of the death. The written notification shall include a summary of information related to the person's death, including the date, time, and place of the death. At the request of any board member, the department shall provide the member with the records that are in the custody of the department regarding the person who died, including patient health care and treatment records, and any information obtained as a result of any departmental internal review of the death. The department shall cooperate with the board and provide any assistance the board requests to review the circumstances of the death of the inmate or resident.

AB139-ASA1,6,17 (b) 1. If the board, while performing its duties, requests patient health care or treatment records that are in the custody of a health care provider, as defined in s. 146.81 (1), the department of health and family services, a county department under s. 51.42 or 51.437 or its staff, or a treatment facility, as defined in s. 51.01 (19), the records shall be provided to the board for its review.

AB139-ASA1,6,20 2. If the board, while performing its duties, requests patient health care or treatment records that are in the custody of a law enforcement agency, the agency shall provide the records to the board for its review.

AB139-ASA1,6,24 3. Upon request by the board, a coroner or medical examiner shall provide the board any information that it has obtained regarding the death of the inmate or resident. The board may also review any information collected through any of the following:

AB139-ASA1,6,25 a. An autopsy performed under s. 979.025.

AB139-ASA1,7,2 b. An inquest ordered under s. 979.04 if the inquest is not secret under s. 979.05 (6).

AB139-ASA1,7,4 c. A secret inquest if a judge or circuit court commissioner has authorized the board to inspect the record of the inquest under s. 979.08 (7).

AB139-ASA1,7,9 (4) (a) Except as provided in sub. (5), within 30 days after the meeting during which the board completes its review of an inmate's or resident's death, the inmate and resident mortality board shall prepare a summary report of the board's review of the inmate's or resident's death and submit that summary report to all of the following:

AB139-ASA1,7,10 1. The appropriate relative of the deceased.

AB139-ASA1,7,11 2. The secretary of corrections.

AB139-ASA1,7,12 3. If appropriate, the attorney general or district attorney.

AB139-ASA1,7,14 4. Notwithstanding s. 13.172 (3), the chairperson and the ranking minority member of the appropriate standing committee of the assembly and senate.

AB139-ASA1,7,17 (b) The board may include patient health care or treatment records in a report prepared under par. (a), but only to the minimum extent necessary to summarize its conclusions regarding the inmate's or resident's death.

AB139-ASA1,7,23 (5) If there is a criminal investigation of an inmate's or resident's death, the board may not issue a final report under sub. (4) regarding the board's review of the inmate's or resident's death until after that criminal investigation is completed. Any report issued before completion of the criminal investigation is preliminary and is subject to modification based on information received as a result of the criminal investigation.

AB139-ASA1,8,8 (6) The inmate and resident mortality board shall make recommendations to the department regarding medical and other prison procedures, based on the board's review of an inmate's or resident's death. The board shall also refer concerns or recommendations to the department related to the performance of staff, including violations by staff of departmental policies, procedures, or work rules related to the circumstances surrounding the death. The inmate and resident mortality board shall prepare and forward a complaint to the appropriate credentialing board, as defined in s. 440.01 (2) (bm), if, during the board's review of an inmate's or resident's death, the board determines that a medical provider failed to provide the appropriate, proper, and necessary medical care.

AB139-ASA1,8,11 (7) Subchapter V of ch. 19 does not apply to meetings of the inmate and resident mortality board. Records prepared under this section are not subject to inspection or copying under s. 19.35 (1).

AB139-ASA1,8,13 (8) Records of any investigation, inquiry, proceeding, or conclusion of the inmate and resident mortality board are confidential under s. 146.38.

AB139-ASA1, s. 11 Section 11. 979.08 (7) of the statutes is amended to read:

AB139-ASA1,8,19 979.08 (7) The record of a secret inquest proceeding shall not be open for inspection unless so ordered by the judge or circuit court commissioner conducting the inquest upon petition by the district attorney or, in a case in which the circumstances of a person's death are reviewed under s. 979.028, the inmate and resident mortality board.

AB139-ASA1, s. 12 Section 12. 979.10 (1) (a) 2. of the statutes is amended to read:

AB139-ASA1,8,24 979.10 (1) (a) 2. The Unless an autopsy is required under s. 979.025 (1), the coroner or medical examiner in the county where the event which caused the death occurred if the death occurred in this state and if the death is the subject of an investigation under s. 979.01; or

AB139-ASA1, s. 13 Section 13. Nonstatutory provisions.

AB139-ASA1,9,8 (1) Notwithstanding the length of terms for the members of the inmate and resident mortality board specified in section 15.145 (5) of the statutes, as created by this act, 2 initial members of the board appointed by the governor and 2 initial members appointed by the secretary of corrections shall be for a term of 4 years; 2 initial members of the board appointed by the governor and one initial member appointed by the secretary of corrections shall be for a term of 3 years; and one initial member of the board appointed by the governor and one initial member appointed by the secretary of corrections shall be for a term of 2 years.

AB139-ASA1,9,9 (End)